Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
SAVITRI RATHO
Bhakta Prasad Swain – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. allegations of domestic violence. (Para 2 , 3 , 4) |
| 2. settlement of marital dispute. (Para 5 , 6 , 7) |
| 3. arguments for quashing proceedings. (Para 8 , 9) |
| 4. court's inclination to encourage settlements. (Para 10 , 11) |
| 5. inherent powers of the court. (Para 12 , 13 , 14) |
| 6. quashing of criminal proceedings. (Para 15 , 16) |
JUDGMENT :
1. I have heard Mr. A.K. Sarangi, learned counsel for the petitioner, Ms. S. Patnaik, learned Addl. Govt. Advocate for the State and Mr. A.K. Sahoo, learned counsel for the opposite party no.2.
FACTUAL MATRIX
4. After submission of chargesheet, the learned magistrate had taken cognizance of the offences as aforesaid.
6. Opposite Party no 2 has entered appearance through her counsel Mr. A.K.Sahoo. The joint affidavit of the parties has been filed on 26.06.2023, stating that the dispute between them has been settled and they are living together along with their two children in their village and leading a happy conjugal life and if the proceedings were not quashed, they would be put to irreparable loss .
8. The learned counsel for the petitioner submits that as the dispute between the parties has already been settled through the intervention of fami
Matrimonial disputes can be quashed under Section 482 of the Cr.P.C if amicably resolved, even if involving non-compoundable offences, prioritizing genuine settlements to secure justice.
The High Court can quash criminal proceedings in matrimonial disputes if the parties have divorced and the informant does not wish to proceed, to prevent abuse of process and serve the ends of justic....
The High Court can quash non-compoundable matrimonial offense proceedings if the parties have amicably settled their disputes, emphasizing the use of inherent powers to secure justice.
The settlement between the parties and mutual divorce under Section 13-B of the Hindu Marriage Act, 1955, can justify the quashing of criminal proceedings under Section 482 of the Code, especially in....
The High Court can exercise its inherent powers under Section 482 Cr.P.C. to quash criminal proceedings for non-compoundable offences if the parties have settled their disputes amicably and continuat....
The court may quash non-compoundable criminal proceedings arising from matrimonial disputes if the parties have reached an amicable settlement.
The High Court can quash non-compoundable offences in matrimonial disputes if the parties have settled amicably, emphasizing the importance of encouraging genuine settlements.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
